By: Casteel H.J.R. No. 86
A JOINT RESOLUTION
proposing a constitutional amendment relating to the recall of
school trustees.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Texas Education Code is amended by
inserting Subchapter D to read as follows and relettering the
existing Subchapter D and subsequent chapters:
SUBCHAPTER D. RECALL OF SCHOOL TRUSTEES
Sec. 11.065. DEFINITIONS. In this subchapter:
(1) "Recall election" means an election conducted
under this subchapter.
(2) "Trustee" means a member of the board of trustees
of a school district elected under this chapter.
Sec. 11.066. ORDERING ELECTION. Except as otherwise
provided by this subchapter, a board of trustees shall order a
recall election as to a trustee if the board is presented with a
petition that meets the requirements of Section 11.067 and is
certified as valid under Section 11.068.
Sec. 11.067. PETITION. (a) A petition for a recall
election must have a statement substantially as follows preceding
the space reserved for signatures on each page: "This petition is
to require that an election be held in (name of school district) on
the recall of trustee (name of trustee)."
(b) A petition may not name more than one trustee.
(c) A petition is valid only if it is signed by registered
voters residing in the school district in a number equal to or
greater than 10 percent of the number of votes cast in the most
recent general election for trustees in the district.
(d) Each voter must enter beside the voter's signature the
date the voter signs the petition. A signature may not be counted
if the date of signing is earlier than:
(1) the 180th day after the date the trustee's current
term began; or
(2) the 90th day before the date the petition is
submitted to the board of trustees.
(e) Each voter must provide the voter's current voter
registration number, printed name, and residence address,
including zip code.
Sec. 11.068. VERIFICATION OF PETITION. (a) Not later than
the fifth day after the date a petition for a recall election is
received in the office of the board of trustees, the board shall
submit the petition for verification to the secretary of the board.
If the petition is to require an election on the recall of the
trustee who serves as secretary, the board shall appoint an acting
secretary to perform the secretary's duties under this section.
(b) The secretary shall determine whether the petition is
signed by the required number of registered voters of the school
district. Not later than the 30th day after the date the petition
is submitted to the secretary, the secretary shall certify in
writing to the board of trustees whether the petition is valid or
invalid. If the secretary determines the petition is invalid, the
secretary shall state each reason for that determination.
Sec. 11.069. DATE OF ELECTION; ORDER. (a) If the secretary
certifies that a petition is valid, the board of trustees shall
order that an election be held in the school district on the first
Saturday after the 45th day after the date the board orders the
election.
(b) If the date prescribed by Subsection (a) is less than 60
days before the expiration of the term of the trustee to whom the
petition relates, the board may not order the election.
(c) The board shall state in the order the issue to be voted
on.
Sec. 11.070. BALLOT PROPOSITION. The ballot in a recall
election shall be printed to provide for voting for or against the
proposition: "Recalling trustee (name of trustee)."
Sec. 11.071. RESULTS OF ELECTION. If the majority of the
votes received in a recall election are for the recall of the
trustee, the office held by the trustee becomes vacant effective
immediately on the canvassing of the votes. The vacancy shall be
filled in the regular manner.
Sec. 11.072. MULTIPLE RECALL ATTEMPTS PROHIBITED. The
board of trustees may not order a recall election as to a trustee
who has been the subject of a previous recall election during the
trustee's current term.